By Richard Glen Boire is a very good book and I recommend it. It can be purchased from him for $13 to:
P.O. Box 73401
Davis Ca. 95617-3401
Web site - "Sacred Mushrooms and the Law"
After reading it, I can point out several major points good for discussion. But for thorough breakdowns and good legal opinion, see Boire's book for all the info.
Some main points:
1. Don't bother with the "it's my religion" defense.
2. Don't bother with the "I didn't know they were drugs, officer" defense.
3. Don't bother with the "Mushrooms aren't refered to per se in the law" defense. Or that such and such species aren't spelled out exactly in the statutes.
Boire explains the "Federal sentencing guidelines" and the relevant "Drug equivalency table" (DET) and their importance in the law today.
The law uses weed as a guideline in "fair" sentencing of those that dare to ignore the taboo against the magic shrooms. First, if a "large" amount of shrooms are taken in evidence, the much more severe charge of trafficking is used by the narcs other than simple possession. It all depends on the circumstances. If a sale was done with a narc or sales were observed to buyers, than trafficking would be one of the charges and the case would get serious with dire consequences for the charged.
In simple possession, the DET of the FSG would be used. Here, one gram of dry mushrooms is equal to one gram of weed. One gram of fresh shrooms is equated to .1 gram of weed. So if you have an ounce of dried shrooms, the law would treat and attack you as if you had an ounce of weed. This is very useful info. If you are going to take a chance or risk, it helps to know what the consequences can be if disaster strikes (narcs).
Power Products (1992 - 1993) - Appeared in the High Times magazine classified section along with PF's classified ad. It was a copy cat rip off artist who tried to steal the pf tek. The power products bust really had nothing to do with the magic mushroom kit business advertised in High Times. What happened, is that he got a package of weed in the mail (not from PF). He was busted for that. Then, apparently a few months later there was a complaint from someone (concerned Father) about his shroom kits, and the narcs re-arrested him (narcs love to kick their victims when they are down). It was because he was already under indictment for the weed in the mail and the narcs tried to make it an added charge. If he hadn't the weed charge against him, the narcs would have never raided Power Products because selling spores of magic mushrooms is not illegal in Alaska. A raid could be instituted only if the narcs observed him doing apparently illegal activity and a proper search warrant issued. The narcs dropped the Power Products case eventually and got a plea bargain on the weed charge which they could make stick. The Power Products charge was a weak trumped up charge destined to fail, a typical narc tactic in the course of a case.
PF has peddled magic mushroom spores for a much longer time and to a lot more people than Power Products ever did, and there has been no raid at PF. BUT! example---- (Little 10 year old Suzy sends away for a spore syringe and gets a box from PF in the mail. Mother dear intercepts and opens the box, HORRORS! Out falls a syringe or two and a book about Magic Mushrooms - but sometimes there is no book and the scenario is much grimmer. Mom calls the cops and an investigation is inaugurated). Well guess what people (?), it has happened more than once with PF. And, PF is still on the air.
The lesson of the story is to keep your head down. Don't grow large amounts and just keep it small. The cliché' "less is more" is always good when cultivating a shroom that is illegal and this potent. The narcs can only see it as an aquarium and some little funny shrooms. But if there is a large operation (large being very subjective), beware of narc actions. A little science project with a few jars and magic shrooms doesn't look worth a bust or a search warrant to a judge with a busy courtroom. More likely, some kind of selling operation involving people can get a search warrant and a real case. It is all a calculated risk. And by going low end and small, the risk is minimized. All the narcs can really have is evidence, and before they pull off a raid or get a valid search warrant, they have to "see the drugs"and that is done by legal surveillance.
By Psylocybe FANATICUS